Payne v. United States ex Rel. Newton,
255 U.S. 438 (1921)

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U.S. Supreme Court

Payne v. United States ex Rel. Newton, 255 U.S. 438 (1921)

Payne v. United States ex Rel. Newton

No. 123

Argued December 16, 1920

Decided March 14, 1921

255 U.S. 438


1. After the lapse of two years from the date of the issuance of a receiver's receipt upon a final entry under the homestead law, if no contest or protest against the validity of the entry be then pending, the Land Department is required, by § 7 of the Act of March 3, 1891, to issue a patent for the land. P. 255 U. S. 442. Lane v. Hoglund, 244 U. S. 174.

2. The purpose of this provision is to give the entryman, after the time limited, the advantage of the patent and legal title, and thus transfer any later controversy over the validity of the entry from the department to the courts. P. 255 U. S. 444.

3. The duty to issue the patent is not suspended by the initiation after the two years have elapsed of proceedings in the department to

Page 255 U. S. 439

cancel the entry and in the district court to cancel the final certificate and receipt upon the ground of fraud. P. 255 U. S. 444.

48 App.D.C. 547 affirmed.

The case is stated in the opinion.

Page 255 U. S. 440

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